T 0379/01 (Inspection of files/THOMSON) vom 24.03.2004

Exclusion of a document from file inspection (no)

1. The provisions concerning the exclusion of documents from file inspection lay down exceptions from the principle of public inspection of files pursuant to Article 128(4) EPC, thus requiring a narrow construction of these provisions. In particular if a key document relating to a fundamental issue in an inter partes case, such as contested admissibility of an opposition, is concerned, a strict standard has to be applied.
2. In view of the public interest in accessing evidence relevant for deciding a case, a merely abstract prejudice to hypothetical personal or economic interests is not a sufficient bar in this connection. The party requesting such exclusion should rather show that public access to certain documents would be prejudicial to specific and concrete personal or economic interests.